Prayagraj: The writ petition filed against the circular issued by the Secondary Education Council, Prayagraj was heard in the Hon’ble Court, in which the Court seriously heard the arguments of both the petitioners and the respondents.
During the hearing, the petitioners submitted that they are engaged in the business of publishing and selling books, and that their books are sold in the open market as guides and reference books. They argued that they have the fundamental right to carry on business under Article 19(1)(g) of the Indian Constitution and are complying with all statutory regulations. According to the petitioners, the press release/circular issued by the Board of Secondary Education, Prayagraj, dated February 23, 2026, unnecessarily interferes with their business and is illegally obstructing it.
Meanwhile, Advocate Shubhranshu Shekhar Singh, representing the respondents, informed the Court that the Council’s objective is not to prevent the petitioners from selling books in the open market. He clarified that the Council’s sole concern is to ensure, in the interest of students, that book sales do not occur within school premises. He also stated that the Council is willing to provide the necessary undertakings that the relevant circulars will not affect sales in the open market.
The Court also observed that the previously filed affidavit did not align with the arguments presented by the counsel. A new affidavit was submitted today, which the Court accepted on record. However, after reviewing the affidavit, the Court noted that it neither conformed to the spirit of the Court’s order nor to the arguments presented by the respondent. Finding the petitioners’ case to be strong at first glance, the Court granted them interim relief. The Court directed the respondent to file a reply within one week, while the petitioner will be able to submit a rejoinder within three days. The next hearing of the case has been scheduled for May 5, 2026, as a first suit.
In its interim order, the Court clarified that the petitioners may sell their books in the open market and that the press release dated February 23, 2026, and the circular dated April 4, 2026, will not interfere with this right. However, it also clarified that the petitioners will not sell books within any educational campus controlled by the respondent institutions.